DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4071-11
19 January 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 January 2012. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 30 November 1973, at age 17. On 11 April 1974, you
received nonjudicial punishment (NJP) making a false official
statement. On 24 July 1974, you entered an unauthorized absence
Status from your unit. On 3 September 1974 you were apprehended
by civil authorities in New Bern, North Carolina. On 8 January
1975 you were convicted by the Craven County Superior Court of
larceny, having no operator’s license, sodomy and assault with a
deadly weapon. You were sentenced to two years confinement.
On 22 April 1975, you were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 19 June 1975, the ADB found that you committed
misconduct and recommended that you be separated with an OTH
discharge. On 12 December 1986 the separation authority agreed
with the recommendation of the ADB and directed your commanding
officer to issue you an OTH discharge by reason of misconduct
(civil conviction), and on 14 July 1975, you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an NUP and a civil conviction. Finally, members of
the armed services who are convicted by civil authorities may be
discharged for misconduct. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEYF
Executive rector
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